A close-up look at NYC education policy, politics,and the people who have been, are now, or will be affected by acts of corruption and fraud. ATR CONNECT assists individuals who suddenly find themselves in the ATR ("Absent Teacher Reserve") pool and are the "new" rubber roomers, and re-assigned. The terms "rubber room" and "ATR" mean that you or any person has been targeted for removal from your job. A "Rubber Room" is not a place, but a process.

Both unions and
employers have the right to designate who represents them in the collective
bargaining process. In Kiona Benton School
District, PERC Hearing Examiner Guy Coss ruled, without a hearing, after a
motion for “summary judgment”, that the Kiona Benton Education Association
breached its duty to bargain in good faith by refusing to bargain with the
School District’s designated collective bargaining representatives.

In this case, the District notified the union twice, and in
writing, who it designated as its collective bargaining representatives. The
union responded that it would only communicate with the superintendent and the
union would “no longer” communicate with the employer’s designated
representatives. The union argued that the employer essentially waived its
right to designate a collective bargaining representative because it did not
only use its designated representatives for collective bargaining purposes. The
union also argued that the employer had been uncivil and difficult to deal
with.

Examiner Coss rejected both arguments explaining that the
union’s refusal was “clear and unequivocal”: the union refused to “evercontact
the employer’s designated representatives for any reason
whatsoever;” and the union unilaterally “dictate[d] who the employer’s
representative would be.” The Examiner also explained that the uncivil
behavior of the employer was “not material” because if the union had any
complaints about the employer, the proper course of action would be for the
union to file a complaint
with PERC. Based on these reasons, the Examiner granted the employer’s motion
for summary judgment.

The Examiner reiterated that the right to choose a
representative extends equally to both the union and the employer.

“It is clear that both unions and employers have an
important, though not absolute, right to designate those representatives that
they feel are best qualified and positioned to represent them in collective
bargaining.”

He continued by explaining,

“The Commission’s rules do not require parties’
representatives to be licensed attorneys or to hold any other license,
training, or experience. It is up to each party to choose their own
representatives based on the level of knowledge (legal or otherwise, experience,
and training they feel is necessary to represent them.”

A federal appeals court has revived a lawsuit brought on behalf of a Pennsylvania high school student that alleged a high school history teacher created a sexually hostile environment in the classroom by, among other things, showing nudepicturesof murder victims.

A panel of the U.S. Court of Appeals for the 3rd Circuit, in Philadelphia, ruled 2-1 to order a new trial in the civil lawsuit against Bruce H. Smith Jr., who was a 20th century history teacher at Pleasant Valley (Pa.) High School in 2007 when a female student identified in court papers as M. Young found many of his teaching methods offensive.

Court papers say Smith displayedphotosof, among others, the nude body of Charles Manson murder victimSharon Tateas part of a lesson about the "undercurrent of the hippies." Smith also allegedly said that women were not suitable to be U.S. president because they get their "monthly visitor"—or menstrual period.

The teacher also once compared the beauty typified by the "Gibson girl" of the early 20th century with Victoria's Secret models, discussing pushup bras and whether students thought one model's "breasts were firm enough," according to the student's trial testimony.

"It always came back to women," Young testified, according to court papers. "It was always degrading women."

After Young's parents complained to the principal, Smith was suspended, but he was later reinstated and his teaching methods were monitored more closely.

Young and her parents sued Smith over the allegedly sexually hostile environment in the classroom. The suit also named the principal, the superintendent, and the Pleasant Valley school district as defendants, claiming that Young faced retaliation for her complaint.

The case has a long and complex procedural history. A jury in a 2011 trial ruled against Smith and the school district and awarded some $325,000 in damages. But the trial judge tossed out the verdict and ordered a new trial.

In 2013, a new trial judge dismissed the suit's claim of sexually hostile environment against the teacher, and a jury ruled for the school district and administrators on the retaliation claims.

The panel unanimously upheld the dismissal of the retaliation claims against the school district and administrators.

"Here, the Youngs did not present sufficient evidence to allow a reasonable jury to conclude that the School District's alleged retaliatory acts were committed pursuant to an official policy or custom, as is required to establish Section 1983 municipal liability," the appeal court said.

However, the panel held 2-1 that Smith was not entitled to judgment as a matter of law on the Youngs' hostile educational environment claim.

"A reasonable jury could have found that Smith created a hostile educational environment," Judge D. Michael Fisher wrote for the majority. "Over the course of one semester, a classroom filled with 16- and 17-year-old students was regularly subjected to references to sex andgraphic depictions of nudity and violence that degraded women."

"Such a classroom environment could make a reasonable female teenager feel uncomfortable, and it did in fact cause M. Young discomfort to the point of nausea according to her testimony," Fisher added. "Because the Youngs presented sufficient evidence to create a genuine issue of fact for trial, we vacate the District Court's grant ofsummaryjudgment and remand for a new trial."

The dissenter, Judge Thomas M. Hardiman, (pictured above) said that "only an environment permeated with discriminatory intimidation, ridicule, and insult will satisfy the onerous standard for a hostile environment."

"The majority concludes that Smith's classroom environment could make a female teenager 'feel uncomfortable' and could cause 'discomfort.' But that is not enough" under the proper legal standard to allow the claim to go to trial, Hardiman said.

In Kiona Benton
School District, the Public Employee
Relations Commission affirmed Examiner Coss’s finding that the Kiona
Benton Education Association, the Union that represents certain teachers in the
School District, breached its good faith bargaining obligation under State
collective bargaining laws by refusing to communicate with the District’s
designated collective bargaining representatives.

Twice, the District sent
emails notifying the Association of its two designated representatives and, if
those individuals were not available, that the Association could contact the
Superintendent of the District. The Association responded by email to
one of the designated representatives indicating that the Union’s representative
would not contact the designated point of contact and would only communicate
with the Superintendent.

On Appeal, the Association
argued that it did not commit a refusal to bargain unfair labor practice,
because the District had repeatedly departed from its direction and a different
Employer representative communicated directly with the Association
regularly. The Association also argued that the two designated
individuals were unavailable or unqualified to respond when the Association
contacted another Employer representative.

The Commission was not
persuaded and found that the Association’s arguments were “attempts to justify”
its actions. The Commission reasoned that regardless of the Union’s
explanation, the fact remains that the Union representative put in writing his
refusal to communicate with the Employer’s designated representative. The
Commission determined that the response from the Union was “a clear refusal
to communicate with the employer’s designated collective bargaining
representative.” Therefore, the Commission concluded that the Union’s refusal
interfered with the Employer’s right to select its
representative for collective bargaining.

The Commission distinguished
between Union officials’ right to lobby public officials on public issues and
when a Union official commits an unfair labor practice by circumventing the
Employer’s chosen bargaining representative. In this case, the Commission
explained that the District had designated a primary representative and the
Association crossed the line into an unfair labor practice when it specifically
informed the District that it would not communicated with that designated individual.

Editor’s Note [Chris
Casillas]: This case should not be viewed as prohibiting or limiting the
ability of a union to directly contact and petition the elected
representative(s) of an Employer. In fact, PERC reaffirms in this case
that Unions have such a right. What set this case apart was that the
Union officials repeatedly refused to funnel their communications through the
Employer’s designated bargaining representatives, and instead sought to contact
the School Superintendent directly on matters of collective bargaining.
While both sides have to respect who the other side has designated as their
bargaining representatives, this does not mean that the Union is prohibited
from seeking out and petitioning their elected officials to lobby on behalf of
their members.

Both employer and union can violate
their good faith bargaining obligations under the state collective
bargaining laws when one party advances proposals prior to interest
arbitration that are regressive from proposals made earlier in negotiations. In Spokane County (Spokane
County Deputy Sheriff’s Association), PERC Examiner Stephen W. Irvin found, and the
Commission affirmed,
that the Spokane County Deputy Sheriff’s Association breached its good faith
bargaining obligations by submitting a regressive wage proposal after impasse
and shortly before the parties’ scheduled interest arbitration hearing.

The
Association had initially tied its wage proposal to the Consumer Price Index
(CPI); however, the Examiner had concluded that prior to arbitration the
Association severed the tie to the CPI when conveying its wage proposal to the
interest arbitration panel, resulting in an escalated wage demand.

The
Association argued that it never intended to tie its wage proposal to CPI-U,
because its proposal was meant to offset the potential of significantly higher
out-of-pocket medical
costs. The examiner evaluated the union’s overall bargaining behavior and
concluded, “Despite the employer’s insistence on a wage freeze for 2012 and
2013, the possibility existed that the parties could have reached a settlement
on the courthouse steps prior to interest arbitration. The window of
opportunity for a negotiated settlement closed abruptly, however, when the
union switched courses on its wage proposal following months of bilateral
negotiations and mediation in which it consistently maintained its initial
proposal to link wage increases to CPI-U.”

Regressive
bargaining occurs when one party at the bargaining table in some manner
evidences an attempt to make a proposal less attractive. The Commission has
determined, and the Washington Supreme Court has affirmed, that interest
arbitration represents a continuation of the collective bargaining process and
of the parties’ obligation to bargain in good faith. In this case, the union
argued that its wage proposal did not infect the bargaining process, because
the bargaining process was finished once impasse was declared. The
examiner disagreed, explaining that impasse can and should be broken if
possible, even after the Executive Director has certified the matter for
interest arbitration. “Offers can be changed after interest arbitration has
been invoked, particularly when there is an apparent attempt to narrow the
parties’ differences.”

The
examiner explained the impact of the Association’s behavior. “Instead of
narrowing the parties’ differences, the union frustrated the collective
bargaining process by making its wage proposal less attractive to the employer
and making it less likely that the parties would be able to reach agreement.”

Examiner
Irvin also rejected the union’s argument that the employer’s complaint was not
timely. The examiner determined that it was reasonable for the employer to
conclude that the union’s subsequent email regarding
its wage proposal was tied to CPI-U as it had been in its initial proposal.
Therefore, the examiner determined that the employer knew of the change in the
union’s position and filed its complaint within the six months statute oflimitation.

As
a remedy, Examiner Irvin ordered the union to cease and desist from its illegal
activity, to post appropriate notices, and to enter the interest arbitration
hearing with the initial wage proposal it provided to the employer in which the
wages were tied to CPI.

Editor’s
Note (Chris Casillas): This case is a good reminder that the good faith
bargaining obligation does not cease to operate once an impasse is reached and
the parties have been certified for interest arbitration. There is a
statutory obligation that all collective bargaining be done in “good
faith.” The interest arbitration process was designed to be a final
step in the process to reach a new collective bargaining agreement,
but it is still a part of the collective bargaining process as a whole.
As such, both the employer and union must act in a manner that each side would
reasonably believe could bring the parties closer to a deal rather than
escalating any demands, and such an obligation continues through the
arbitration process.

We are paying for the DOE/DOI/SCI/OEO/OSI investigators to investigate us. And it all starts with asking "where is the money?" Similarly, "where do my tax dollars go?" We, the general public, have no way to counter their rulings except in expensive and time-consuming litigation.

I have posted many times that on May 23, 2000 our current Chancellor, Carmen Farina, called me up at home screaming, cursing, and verbally attacking me after I asked where the money was going that had been given to PS 6 and PS 198 for the Arts. I listened to 20 minutes of horror. It was quite a shock, because at the time I was new to the public school system, and had worked with Carmen for 2 years on setting up a project called the Arts Together Community Partnership, my idea.

My point is this: if you see something in a school that you think is a violation of law, rights, or theft, report it, in writing and in detail, to a person outside of the ring of thieves DOE/DOI/SCI/OEO/OSI, like a lawyer, the police, the District Attorney. Document everything, who you go to, who you talk to, etc. This is VERY important.

And if you are told that you must go speak with an investigator, GO!!! but be cautious in answering their questions, as their goal is to charge you with whatever happened. And always assume that everything you say to anyone is being taped.

Betsy Combier

The Special Commissioner of Investigation’s Hand is in the Pocket of the Chancellor?

The Special Commissioner of Investigation’s Hand is in the Pocket of the Chancellor?

Relax…it’s a question, not a statement. Notice the “question mark” at the end? Just a quick thank you to my public school teachers for teaching me proper punctuation and grammar. Any mistakes you see with commas and wrong use ofcapitalsare mostly my lack of proofreading. Sorry, but I’m fighting for my career and trying to be a father and husband, so these posts are often written and posted quickly. Never written without thought though.

In any case, back to thequestionabove. The Special Commissioner of Investigation’s Hand is in the Pocket of the Chancellor? I’m simply asking who pays Special Commissioner of Investigation Richard Condon and the rest of the investigators and lawyers of SCI. Not a valid question? I mean two of them, Mr. Martucci and Mr. Romano, paid a visit to my father-in-law this past summer at his job, while my family and I were in Greece. That is three months after the 14 month investigation on me was over (See report here).

More recently, the day before my 3020-aterminationhearing was tostart, the two investigators came back and visited my mother-in-law at her apartment where she watches my two boys. That was just two weeks ago today. To make it even more interesting, she told me they were playing with my son. Hmm….I mean I know I have been a big job security for the over 13 investigators, but I don’t think we are at the level where they can come “gaga googoo” with my kids. Apparently there are even more investigations on me and that brings the number up to a whopping 38 . Yes, 38 investigations on me that all startedafterI questioned the budget and put in my own complaint about my principal’s alleged financial misconduct. By the way, SCI did not take that case and referred it to the DOE’s Office of Special Investigation (OSI). Yes for over 600 days the DOE has been investigating the DOE.

This brings us to the meat and question of this post. Who investigates what and who is paying for it. You would agree that following thepapertrail is important as “Cash is King”, correct?

The DOE has two investigative bodies that are under the jurisdiction of Chancellor Dennis Walcott. That is OSI and OEO (Office of Equal Opportunity. Now OSItypicallytakes cases of corporal punishment of students and OEO handles discrimination and harassment. I italicized the wordtypicallyfor a reason. SCI, who works under the NYC Department of Investigation (DOI), takes on “more serious” cases and can defer cases to OEO and OSI, so some cases not involving corporal punishment, harassment and discrimination can be investigated by OSI and OEO if referred.

Are you still following? Maybe this will help:

DOI—->SCI

DOE—-> OSI and OEO

Now seeing this and watching the news when Richard Condon is talking about some higherprofileinvestigation, you would think that SCI is unbiased, a body way above the DOEand therefore impartial, right? They owe no allegiance to the DOE, so why would any SCI investigation and finding be flawed or biased. A United Federation of Teachers (UFT)lawyeronce told me “The DOE is scared of SCI and hates them, because SCI investigates them.” <cough>bullsh*t<cough>.

You see, while I was in educator exile I did a little investigating of my own and this is what I found:

By using the websitewww.seethroughny.net, you are able to put in any city employee and see their salary for the last few years. You can also see their overtime and per-session. What interested me the most is that you can actually also see where the money comes from. Let’s take a look and compare, shall we?

Here is DOE Chancellor Dennis Walcott’s:

Notice the Agency that pays him is the Department of Education?

Next we enter an arbitrary DOE lawyer like David Brodsky

Now let’s pop in the Commissioner of the NYC Department of Investigation, which is above SCI and separate from DOE.

Rose Gill Hearn Payroll

Ok, that makes sense. She is paid from the budget of the Department of Investigation.

Now Let’s just plug in Richard Condon in the search. Should be DOI as well, right?

Ehhh…wrong.

Wait…What the what? Richard Condon get’s paid from the budget of the DOE? The same body he investigates?

There must be some mistake. Let’s enter another SCI employee like Chief Investigator Thomas Fennell. By the way, I know way too many names of investigators for being a mild-mannered tech teacher. Mr. Fennell assigns cases and I believe also refers or even decidesnot to investigate them.

What? Paid from the DOE as well? I did this for all the investigators I know and all the same. Even the lawyers who were involved in denying my whistleblower complaint.

What? You want more proof that the DOE pays Richard Condon and his office from their $25 billion budget?

Ok, well look what else I found when I looked at my own school’s budget and expenditures from 2010-2011. Looks like we paid about $6,637 to the Special Commissioner of Investigation. Unless I’m reading it wrong.Click Here for School budget link

Section 1 of Executive Order No. 11 of 1990 requires the Commissioner of Investigation to appoint a Deputy Commissioner of Investigation for the New York City School District, “who shall be independent from the Board of Education.”

Section 5 requires that “[t]he salary and expenses of the Deputy Commissioner and his or her staff shall be borne by the Board of Education, within a budget allocation mutually agreed upon by the Board of Education and the City, provided however, that such budgetary allocation will be sufficient to ensure the effective and independent performance of the duties and responsibilities of the Deputy Commissioner.”

(Subsequently, Executive Order No. 34 of 1992 changed the title “Deputy Commissioner” to the “Special Commissioner of Investigation.”)

Very truly yours, Ann Ryan, SCI

————————————-

And there you have it.

Let’s just look at this analogy here. One SCI investigator once said to me “You are always using analogies. It’s probably because you are a teacher.”

Imagine you owned a house and you needed an inspector to check on some violations. You callJim Bob Inspectionand pay Jim Bob to come and investigate for any violations or issues. He investigates and you cut him a check. Once he leaves he sends you a report with his findings and on top of that calls the Department of Buildings who then fines you. Yes, you paid Jim Bob and yes he investigated, but in the end he found thatyouhad violations. Not a likely story?

Did you follow that analogy? How impartial is impartial? So is the commissioner’s hand in the pocket of the chancellor? Not physically, but it appears Chief Financial Officer Michael Tragale cuts them a check.

Thanks for the information. SCI and their lackeys at the DoE will stop at nothing to pin something on you.

My daughter was targeted, interrogated, spied on, and harassed by her school and these evil people.

We can just pray that there is a god and he will bring justice to their lives so they can feel the wrath that My family has felt over the past two years. Judgement day is coming and it won’t be pretty!

Any who funds the DOE budget? Our city taxes withheld from our paychecks. So you are indirectly paying the people that are investigating you. What a waste of money better spent on education not retaliation.

I’m glad you’re able to maintain your sense of humor, but I find the following astonishing and disgusting :

>>>More recently, the day before my 3020-a termination hearing was to start, the two investigators came back and visited my mother-in-law at her apartment where she watches my two boys. That was just two weeks ago today. To make it even more interesting, she told me they were playing with my son. Hmm….I mean I know I have been a big job security for the over 13 investigators, but I don’t think we are at the level where they can come “gaga googoo” with my kids. >>>

Are we to understand that, on the day before the hearing opened, ( i.e within 24 hrs. of the opening session of your dismissal hearing) and after 500+ days of investigation, “investigators” came to your mother in law’s house and spoke to your *children* ?

It seems we are beginning to stray from the path to simple Orwellianism and following a new and even more twisted trail. Something more aligned perhaps w. J. Edgar Hoover-ism; i.e creepy, voyeuristic, intimidatory and perverse.

On a happier note, thanks for the links to the Gill Commission, etc. It’s important for people to understand the historical context and the evolution of these contemporary and contemptible goings-on.

Mr. Portelos, you and your family are covered! You were not brought this far to be left. These are sloppy J. Edgar Hoover wannabees wasting time and lots of $$$ at the expense of NYC students and NYC taxpayers.

Testimonials From Some of Our Clients

“Dear Betsy,
I am forever indebted to you, Betsy, for your expert advice throughout a horrific ordeal. You worked tirelessly to prove my innocence in a 3020a proceeding that was instigated by a corrupt school district and fueled by lies. My proceedings ended with my complete exoneration, my record expunged and my immediate return to the classroom. We didn’t even need to file an appeal! Thank you, Betsy. I am now eligible to retire and enjoy the benefits you helped me to protect. God bless you and the work you do protecting the innocent
Maria G;

Alexandra F.

Dear Betsy,

I just wanted to reach out and say thank you for CONSTANTLY being there for me throughout such a tumultuous time in my life. I have been battling severe harassment at my place of work for months now, and you have advised me through every single second of it. I would not have had the strength or confidence to battle such an evil administration without your help. You have answered my phone calls from 7AM through nearly midnight with any and all of my concerns. I have called you countless times to just vent, or even cry, and you have been there with open arms to pivot my negative anticipations into positive advocacy. You have gone above and beyond your line of duty to help me, and for that, I can never repay you. You have changed the outcome of my life, and led me to justice. More importantly, you have led me to happiness again, for which I am eternally grateful. As I am getting older, I am realizing that there are many bad people in this world, but you are TRULY one of the good ones. When one finds a great person in life with their true best interest at heart, they should hold onto that and take their word as bond. My last statement truly defines you, an expert in what you do, as well as a 24 hour support system. You are amazing Betsy, and my life would truly not be the same if you had not stepped into it!!!!!

Thank you again for EVERYTHING you have done for me. Your advisement and care will be carried in my heart for the rest of my life.

Alexandra F.

Tollyne D.

After 18 years of service, the general consensus as a union member is that you cannot trust people and you have to be extremely careful who you talk to. I was brought up being told that I should be sure that the person I am speaking to is knowledgeable and to be TRUSTED, and Betsy Combier is such a person. She consistently proves that she is trustworthy, very knowledgeable and caring, time and time again.

Tollyne D.

David P.

To whom this may concern,
I want to recommend Betsy Combier as the best person you could have in your corner. From the first day I met Betsy I felt secure. I had the misfortune of having to go through a 3020a hearing and with help of Ms. Combier my job was secure, I don’t know where I would be without Betsy’s help and support. She is still assisting me with my federal case. I could not recommend Betsy any higher, she is a person of her word, and her expertise is important and necessary for everyone without any problem.
David P.

Jason R.

I met Betsy Combier approximately about 5 years ago, as a result of a recommendation from a colleague. Since then she has been an advocate of mine ever since, and has worked above and beyond my expectation. Betsy fights against the wrongdoing of public education officials in New York City. Throughout the extremely difficult arbitration, Betsy fought for my unalienable rights, even though my former principal did everything in her power to tarnish my name and damage my career.
Betsy is not an attorney yet she has the experience and knowledge that is above and beyond that of an attorney and follows through on all issues. She is truly an angel from heaven above, and a quality public defender.

Laura B.

I was charged with a 3020A in October 2016 after receiving three developing ratings in a row. I called numerous law firms as well as my union. Most people who I talked to said that I should settle because I was fighting a losing battle. A lawyer told me that anyone that says you can win a 3020A is a liar. I heard about Betsy from a teacher placed in my building who was going through the 3020A process. I hired Betsy and one of the Attorneys who works with her and her company, and won my case! Betsy saved my job and saved my life because she was emotionally supportive at a time when I needed it the most. Betsy goes above and beyond for her clients. She is readily available day and night for her clients. Betsy’s knowledge of education law is exceptional and she was a great help to my attorney. Betsy is relentless and fights hard for her clients.

ADVOCATZ

Contact me with a concern or issue

I assist anyone who needs help, so email me your problem to start the ball rolling! I am a teacher/parent advocate, and I am the editor/writer for this blog and the website parentadvocates.org. I also write about court corruption on my blog "NYC Court Corruption". I am interested in random injustice and the criminalizing of innocent people. If you want to chat you may email me at: betsy.combier@gmail.com and I'm on twitter and have a facebook page too. I'm not an attorney and do not give legal advice.

If you want to talk with me about your 3020-a charges, I consult and go over your case without charge. No fee.

And, in response to the lies of certain individuals who resent my work, the truth is that all conversations are confidential and I do not tape secretly.

Betsy Combier

My Thoughts and Raison d'etre

This blog is about the denial of Constitutional rights by the Mayor, the New York City Department of Education and the Chancellor, New York State and Federal Courts, New York State legislature, and the United Federation of Teachers (UFT), as well as PACs and all parties participating in the business of public school education in New York City, to harm and in neglect of parents, children, and staff of public schools in the five boroughs. These thoughts are not simply mindless conclusions reached out of thin air, but a result of 14 years of research into the NYC DOE and the Courts as a reporter and paralegal.
I am an advocate of Unions and union rights, public schools and charters, and learning online as well as outside of the classroom. I cannot and do not support anyone, whether they be union management, government, private members of the political or legal system, or simply retired teachers with an agenda, if he or she tramples, discards, or rebuffs anyone's individual civil rights. As a reporter, journalist, advocate, researcher and paralegal, I have created this blog to inform the public about my experience working for the UFT and being the parent of four daughters who went through the public school system in NYC, as well as examine issues that flow from the massive denial of due process rights that I saw and have documented. The two most important points you should remember: first, everyone at the New York City Board/Department of Education and all Union bigs are motivated by power and money, and looking good. If anyone dares to blow the whistle on these racketeers, retaliation follows, so be a strategist; second, I am not an Attorney and nothing I write or say is legal advice, simply my thoughts. Take 'em or leave 'em.
Betsy Combier, Editor
NYC Rubber Room Reporter
http://nycrubberroomreporter.blogspot.com
New York Court Corruption
http://newyorkcourtcorruption.blogspot.com
Parentadvocates.org
http://www.parentadvocates.org
Facebook: http://www.facebook.com/betsy.combier
Twitter: http://twitter.com/BetsyCombier
The NYC Public Voice
http://nycpublicvoice.blogspot.com/betsy.combier@gmail.com
Lawline July 27, 2011
http://www.teachem.com/lawlinetv/learn/lawline-tv-teachers-unions-the-last-in-first-out-rule/

Principal Anne Seifullah changes her image so that she can keep her job amidst sexting and trysts in the school, Robert Wagner Secondary Sch...

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FAITH

When we walk to the edge of all the light we have and take the step into the darkness of the unknown, we must believe that one of two things will happen. There will be something solid for us to stand on or we will be taught to fly. Patrick Overton

Truth Seeks Light - Lies Seek Shadows

sayin like it is

Actions Have Consequences

Writing as Music

Rubber Room teachers wish me a happy birthday (2006)

"Educating the mind without educating the heart is no education at all."

- Aristotle

Important Numbers

Amy Arundel (ATR Point Person) 212-510-6468

UFT www.uft.org

OPI (Problem Code) 1-718-935-2666

UFT Certification Services 1-212-420-1830

Teachers REtirement System 1-888-869-2877

Mandated Reporters 1-800-635-1522

Staten Island UFT 1-718-605-1400

Brooklyn UFT 1-718-852-4900

Bronx UFT 1-718-379-6200

Manhattan UFT 1-212-598-6800

Queens UFT 1-718-275-4400

Rubber Room Satire

The Labor Movement

The Teaching Equation

We Can Work Out Our Differences

The E-Accountability Foundation

The E-Accountability Foundation brings you this blog which highlights issues that have or should be read by people interested in civil rights, and accountability. The E-Accountability Foundation is a 501(C)3 organization that holds people accountable for their actions online and, through the internet, seeks to bring justice to anyone who has been harmed without reason. We give the'A for Accountability' Awardto those who are willing to blow the whistle on unjust, misleading, or false actions and claims of the politico-educational complex in order to bring about educational reform in favor of children of all races, intellectual ability and economic status.

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Performance Management - Office of Labor Relations

From Betsy Combier

The NYC Office of Labor Relations, with the support of the UFT, has issued to principals a document called"Performance Management" on how to get rid of an incompetent teacher. Who is an "incompetent teacher"? Anyone the NYC Department of Education wants to remove from the system because he/she is too senior (makes too much money), is disabled (and therefore cannot be deemed factory-perfect) and/or is other impaired (is a whistleblower, cannot be intimidated, is ethnically challenged - not the 'right' race, etc).

Candace R. McLaren

Director, Office of Special Investigations (OSI)

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Polo Colon

"Rubber Room"

(1) a space where a worker subject to a disciplinary hearing or other administrative action waits and does no work; generally, a place or personal mind-set of isolation.(2) a literal reference to a padded cell, which is, according to the New Oxford American Dictionary, “a room in a psychiatric hospital with padded walls to prevent violent patients from injuring themselves.”from Double-Tongued Dictionary http://www.doubletongued.org/index.php/dictionary/rubber_room/

"Rubberization"

The word "rubberization" is a new word that is used to describe the process of assigning and paying people to sit and do nothing in a drab room away from their place of employment while their employers make up charges that allege sexual or corporal misconduct without any facts upon which to base the allegation on.

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Theresa Europe, NYC BOE ATU Director

Robin Greenfield

Deputy Counsel to the NYC DOE

UFT Pres. Mike Mulgrew and NYC Mayor Mike Bloomberg

UFT umbrella pals

New York State Supreme Court Judge Manuel Mendez

ATR CONNECT

Tenured Teachers who are found to be guilty of misconduct or incompetency at 3020-a but are not terminated, who have blown the whistle on the misconduct of politically favored NYC Department of Education employees, and/or who are simply disliked for any reason can suddenly find themselves in the ATR ("Absent Teacher Reserve") pool - employees without rights or voices, and without chapter leader union representation.

This new group of people are the "new" rubber roomers without representation at the UFT and denied the protection of the Collective Bargaining Agreement, because basically they have been pushed out of their jobs unfairly and under color of law by Mayor Bloomberg and the Chief Executives of the Department of Education who call themselves "Chancellors", "Network Leaders", "Superintendents", etc., consistently without any facts or evidence to support the false claims.

A group of teachers who are, or were, made into ATRs, ATR Polo Colon, and I, Betsy Combier, an advocate for transparency and labor/employment rights, have joined together to expose the denial of due process, civil and human rights by chiefs of the NYC Department of Education (NYC DOE), certain arbitrators at 3020-a, leaders of the United Federation of Teachers (UFT), the "investigators" -agents who work for the Special Commissioner of Investigation (SCI), Office of Special Investigation (OSI), and the Office of Equal Opportunity (OEO) - and the Attorneys who work for the New York United Teachers (NYSUT), and the New York Law Department (Corporation Counsel).

In order to protect the safety of those who join this group to promote an end to the "Rubberization" process described on this blog since 2007, names of those who tell their stories will, for now, remain anonymous if the person so desires, and Polo and I will be the gatekeepers. So if you are an ATR, or know a story involving an ATR or someone re-assigned or about to go into a 3020-a, please use the email address advocatz77@gmail.com and give us your contact information. We will protect your anonymity and hold onto your privacy.

Betsy Combier and Polo Colon, Editors

FAITH When we walk to the edge of all the light we have and take the step into the darkness of the unknown, we must believe that one of two things will happen. There will be something solid for us to stand on or we will be taught to fly.

Patrick Overton

We have forty million reasons for failure but not a single excuse.Rudyard Kipling (1865-1936)

The Re-Assignment Overview by Betsy Combier

The New York City Board of Education decided in 2002 to rid the public school system of staff who interfered with their takeover and control. The criteria for a "good teacher" is now, more often than not, a "silent teacher", a person who never asks questions, is younger than 40, is making a salary below $50,000, does not care about kids and what they learn, or whether or not money (books, supplies, equipment, etc) is missing. When a teacher or staff member of a school dares to do the right thing and speaks out about wrong-doing - this person is often called a "whistleblower" or "flamethrower" - or, simply is not liked for any reason by the Principal/NYC personnel, suddenly he/she is accused of something by somebody ("given a label of "A", "B", "C", and so on) and whisked away to a drab room called a temporary re-assignment center or "rubber room". Members of the offices of the Special Commissioner of Investigation or the Office of Special Investigations then start work on building a case against the person to justify their being thrown in prison, declared "unfit for duty", or, as Mr. Joel Klein has said, characterized as "guilty of sexual activities and corporal punishment" against the children of New York City.The stories of the people I have met who sit every day in the 8 rubber rooms of NYC prove to me that Mr. Klein is very wrong about his assessment, and this blog is created to prove it to you.

Puppy Snooze

US Department of Labor ELAWS

Aeri Pang, Gotcha Squad Attorney

Attorney Pang, red dress, now chief Attorney For New York State Supreme Court Judge Cynthia Kern

New York State Supreme Court Judge Cynthia Kern

NYC EdStats You Can Use

$12.5 billion: Annual New York City Department of Education (DOE) budget (2002)

$21 billion: Annual New York City DOE budget (2009)
1,719: Number officials employed by the DOE central administration in June 2002

2,442: Number of officials employed by the central administration as of November 2008

2: Number of DOE officials earning more than $180,000 per year in 2004.

22: Number of DOE officials earning more than $180,000 per year in 2007.

5: Number of DOE public relations staffers in 2003.

23: Number of DOE public relations staffers in 2008.

944: Number of contracts approved by DOE in 2008, at a total cost of $1.9 billion.

20: Percentage of contracts that exceeded estimated cost by at least 25 percent.

$67.5 million: Annual budget of Project Arts, a decade-old program that was the sole source of dedicated funding for arts education. It was eliminated in 2007.

86: Percentage of principals who said in a 2008 poll that they were unable to provide a quality education because of excessive class sizes in their schools.

100,000: Number of seats DOE plans to provide for charter school students by 2012.

25,000: Number of seats DOE plans to build under 2010 to 2014 capital plan.

66,895: Number of K-3 school-children in classes of 25 or more during the 2008-09 school year.

15,440: Average number of seats per year built during the last six years of the Rudolph Giuliani administration.

10,895: Average number of seats per year built during the first six years of the Bloomberg administration.

27.2: Percentage of newly hired teachers in 2001-02 who were Black.

14.1: Percentage of newly hired teachers in 2006-07 who were Black.

53.3: Percentage of newly hired teachers in 2001-02 who were white.

65.5: Percentage of newly hired teachers in 2006-07 who were white.

76: Percentage of white and Asian students who performed better than the average Black and Latino students in 8th grade English Language Arts (ELA) in 2003.

75: Percentage of white and Asian students who performed better than the average Black and Hispanic students in 8th grade ELA in 2008.

77: Percentage of white and Asian students who performed better than the average Black and Hispanic 8th graders in math in 2003.

81: Percentage of white and Asian students who performed better than the average Black and Hispanic 8th graders in math in 2008.

54: Percentage of New York City public school parents who disapproved of Mayor Bloomberg’s handling of education, according to a March 2009 Quinnipiac poll.

Sources: New York City Council, New York City Comptroller’s Office, New York Daily News, New York Post, Eduwonkette, Quinnipiac Institute, Black Educator, Class Size Matters, New York City Schools Under Bloomberg and Klein.

Betsy Combier and NYSUT lawyer Chris Callagy

The New York City Whistle Award

NYC Whistlers, Winners of the NYC Whistle Award

...are those individuals in New York City who are willing to whistleblow unjust, misleading, or false actions and claims of the politico-educational complex in order to bring about educational reform in favor of children of all races, intellectual ability and economic status. Whistlers ask questions that need to be asked, such as "where is the money?" and "Why does it have to be this way?" and they never give up.

These people have withstood adversity and have held those who seem not to believe in honesty, integrity and compassion accountable for their actions.

Congratulations, and keep up the good work!

Betsy Combier

Special Commissioner of Investigation Richard Condon

Condon "qualified" for his current post after Bloomberg lowered standards; who will leash him?

A great teacher

After being interviewed by the school administration, the prospective teacher said: 'Let me see if I've got this right.

'You want me to go into that room with all those kids, correct their disruptive behavior, observe them for signs of abuse, monitor their dress habits, censor their T-shirt messages, and instill in them a love for learning.

'You want me to check their backpacks for weapons, wage war on drugs and sexually transmitted diseases, and raise their sense of self esteem and personal pride.

'You want me to teach them patriotism and good citizenship, sportsmanship and fair play, and how to register to vote, balance a checkbook, and apply for a job 'You want me to check their heads for lice, recognize signs of antisocial behavior, and make sure that they all pass the final exams.

'You also want me to provide them with an equal education regardless of their handicaps, and communicate regularly with their parents in English, Spanish or any other language, by letter, telephone, newsletter, and report card.

'You want me to do all this with a piece of chalk, a blackboard, a bulletinboard, a few books, a big smile, and a starting salary that qualifies me for food stamps. 'You want me to do all this and then you tell me. . . I CAN'T PRAY?

NYC Police Commissioner Ray Kelly

Joel Klein's famous statement about rubber room teachers and staff

On November 27, 2006, temporarily re-assigned teacher (TRT) Polo Colon asked Joel Klein, the "pretend" Chancellor of the NYC public school system, if he had voted to terminate teachers at the secret Executive Session held just before the public meeting of the Panel For Educational Policy.Mr. Klein answered,"We did not vote to terminate you. We did vote to terminate a teacher in executive Session...in fact, we voted to terminate two teachers. It's perfectly consistent with the law.Many teachers have been charged with sexual activities and some are charged with corporal punishment...I have no interest in removing people who are qualified to teach, I can assure you, because I dont get any return...and in fact, I have complained publicly about how long this process drags out. But our first concern will always be and, as a former lawyer and somebody who clerked on the United States Supreme Court I will tell you, there is no violation of due process whatsoever..."- extracted from the audiotape of the PEP meeting bought by Betsy Combier after filing a FOIL request to the NYC BOE

Rally November 2008 at Tweed

November 26, 2007 Candelight Vigil

Thousands of teachers and school staff members rally at Tweed

A Review of Battling Corruption in America's Public Schools by Betsy Combier

Lydia Segal's book puts the NYC, Chicago, and California Departments of Education on notice....we who have read this book know more about how the system is not there for our kids than "you" want us to know. Lydia Segal's book Battling Corruption in America's Public Schools changes the public school reform movement forever. We can no longer assume that more money allocated to our schools will "fix" the disaster that is our public school system.

Lydia Segal draws on her 10 years of undercover investigation and research in over five urban school districts, including the three largest, New York City, Los Angeles, and Chicago, and the two most decentralized, Houston and Edmonton, Canada, to provide, in her new book Battling Corruption in America's Public Schools, the details of the corruption, theft, fraud, and patronage that has overrun our public school establishment for several decades. There is no question that anyone who is interested in school reform -this means anyone who pays taxes, is a parent or guardian of a child attending school and/or who works toward a goal of establishing an education system that puts children first - must read this book. Ms. Segal's research and information on the education establishment's 'dark' side outrages the reader, and incites us to demand change. Her book therefore, is much more than a book, it is a call to action. We cannot be bystanders any longer to the systemic abuse she so vividly describes, and we will never be able to listen in the same way ever again to school Principals, Superintendents, school custodians or district board members as they request more money "to help the children."

The book's detailed reports on the corruption and crime in our public schools, supported by 52 pages of interview notes, references and specific examples, provide irrefutable evidence that the current failures of our nation's public schools are not due to the lack of money but the impossibility of getting the money to the children who need it and for whom the money is allocated in the first place. Recent statistics show that students of all ages are not learning what they need to know, schools are overcome with violence, teachers are demoralized, and yet billions of dollars are literally shovelled into the system every year. The New York City school system receives more than $16 billion every year; Los Angeles, $7 billion; and Chicago, $3.6 billion. Where does this money go? We have all asked this question as we have walked through school hallways dodging the paint falling off the walls and ceilings, watching our children sitting on broken chairs, using bathrooms without running water or toilet paper, and struggling to achieve their personal best without the services and resources they are supposed to have. Battling Corruption in America's Public Schools is the first book ever to systematically examine school waste and corruption and how to fight it. Ms. Segal, an undercover school investigator turned law professor, documents where the money goes, how waste and fraud embedded in the operation of large school bureaucracies siphon money from classrooms, distort educational priorities, block initiatives, and what we can do to bring badly-needed change. She describes in detail how only a small percentage of the money allocated to students in our public schools actually gets used by them due to corruption and waste, and how city school systems scoring lowest on standardized tests tend to have the biggest criminal records and most payroll padding. Coding problems, the procurement process, compartmentalization and opacity of information leave administrators with only two options: good corruption (which ultimately helps the kids) and bad corruption (which never helps anyone but the perpetrator and his/her allies and accomplices). Indeed, the system fights those who try the good corruption route.

Ms. Segal argues that the problem is not usually bad people, but a bad system that focuses on process at the expense of results. Decades of rules and regulations along with layers of top-down supervision make it so hard to do business with school systems that they encourage the very fraud and waste they were designed to curb. She tells us about how the "godfathers" and "godmothers" (the school board members) obtain jobs for their "pieces" in order to protect the systemic waste and fraud from being dismantled or exposed. Fortunately, she writes, there are good people involved in the corruption as well who must violate the rules in order to get their jobs done. Nonetheless, absurdities abound: school systems following rules to save every penny spend thousands of dollars hunting down checks as small as $25; it takes so long to pay vendors for their work that some have to bribe school officials to move their checks along; caring Principals who want to fix leaky toilets may have to pay workers under the table because submitting a work order through the central office could, and often does, take years. Meanwhile, those who pilfer from classrooms get away with it because the pyramidal structure of large districts makes schools inherently difficult to oversee. What makes Battling Corruption in America's Public Schools a must-read is not only the fascinating - and depressing - details of the systemic wrong-doing but also Ms. Segal's suggestions for reform, based on the proven track records of school systems across North America that have successfully reduced waste and fraud and have pushed more resources into schools.

The pathology of the corruption suggests the remedy, Ms. Segal says, which is decentralization of power into the schools and the hands of the Principals. Distilling what successful school systems have done, Segal advocates new forms of oversight that do not clog up school systems and recommends giving principals more discretion over their school budgets as well as holding them accountable for job performance. She argues for "autonomy in exchange for performance accountability" as part of a bold, far-reaching plan for reclaiming our schools. Her conclusion is logical and convincing. Everyone who reads this book will find his or her perception of public school education changed forever. We cannot accept any longer that a generation of children has been abused by a system that is so full of greed and corruption without screaming "stop!" and "Your game is up!"

Segal reveals how systemic waste and fraud siphon millions of dollars from urban classrooms and shows how money is lost in systems that focus on process rather than on results, as well as how regulations established to curb waste and fraud provide perverse incentives for new forms of both. Anyone who is interested in school reform--this means anyone who pays taxes, is a parent or guardian of a child attending school, and/or who works toward a goal of establishing an education system that puts children first--must read this book. --

Lydia G. Segal is Associate Professor of Criminal Law and Public Administration at John Jay College of Criminal Justice, City University of New York.